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EMU Crisis, Barroso and the Inter-Institutional Balance

19. December 2013, von Adriaan Schout, Comments (0)

The start of 2014 marks and important turn in the EU: the euro crisis seems over, everyone is getting ready for the ‘this time it is different’ election campaign for the European Parliament, and the EU has to come to grips with a new president and, possible, a new balance in the inter-institutional relations. It is this set of conditions that typify the current situation in European integration in which not all is what it seems. The reason of the current confusion is that we have not come to terms with the institutional fall out of the euro crisis.

The Lisbon Treaty was supposed to be the mother of all treaties putting an end to the need for further treaty reforms. The EP was a clear winner with new voting rights and the Commission was regarded as the main loser. The extent to which the European Council was the real institutional winner only became clear as the euro crisis advanced. Member States abhorred Barroso and his Commission so that new tasks were located elsewhere – EFSF/ESM to a special body in Luxembourg, banking control to the ECB. Yes, the Commission acquired an independent budget tsar but the real bite and the extent to which this commissioner is really independent are still in the balance. The first EU semester of Rehn gained applause; his second harvested doubts. Beyond doubt, however, seems to be the president of the European Council Herman Van Rompuy. Whilst Barroso was seen as a ‘pitiful coward’ who thwarted the Commission’s right of initiative, the European Council could shine under the seemingly spirited leadership of Van Rompuy.

However, the winner of the euro crisis might well be Barroso. Certainly, he has not nearly been the leader everybody had hoped for and he is known for his vanities. However, he showed himself able to play three games at the same time. First of all, he was wise enough to recognise that in the build-up of economic structures, heads of state had to come to grips with new rules – and loss of sovereignty. Therefore, he avoided collusions where there was no possibility to win. Knowing when to pick a fight is probably one of the most important characteristics of a Commission president. Secondly, he defended the traditional role of guardian of the treaties. How weak was he really? Commission president Barroso was not weak-hearted when it came to blocking state aid to sacred cows such as Opel and Citroen or to breaking up banks in Member States. France was attacked over fundamental human rights when groups of Roma were expelled – and, painful for Sarkozy, while a summit was going on and maximum press visibility was ensured. Similarly, free movement of people is defended with gusto against political pressure from countries such as Germany, UK and the Netherlands. Thirdly, Barroso reinforced the institutional relations with the European Parliament. The ‘this time it is different’ slogan is a next step in this trend. Barroso has been publicly expressing ‘governmentalisation’ ambitions and referred to commissioners as ministers in his economic governance blueprint. And European ministers need a true European Parliament.

Now that the important economic governance rules are being formulated and implemented, it is to be expected that the European Council will have less to do. Hence, the successor of Van Rompuy will be (much) less relevant. If, of course, Van Rompuy was really as relevant as seems now – he might well have provided the only fig leave behind which Merkel could hide her power. What will remain after the elections of 2014 is a stronger bond between EP and Commission and a more symbolic role for the president of the European Council. So, the EU may have a president at last: the president of the Commission.

Dutch minister for foreign affairs, Frans Timmermans, wrote in the Financial Times that he would now like to see that the Council broke into this ever closer bond between the European Parliament and the Commission. In 2009, the Benelux countries argued for a stronger role for the Commission. In view of the ‘governmentalisation’ of the Commission, the Dutch now argue in favour of strengthening the European Council. This may well be a big compliment to Barroso: the ‘weak president’ has thwarted the inter-institutional balance.
Before 2008, the EU basically consisted of the internal market and was based on the community method. At the start of 2014, the EU consists of two veritable pillars: the internal market and the political economic governance pillar where Commission and EP are looking for a different (political) ball game all together. Of course, the euro crisis has been hugely instrumental in this development. Yet, judging by the results, the position of the Commission under Barroso has certainly not been marginalised. History may well be kinder to him than his current critics.

Europe For Citizens

“This project has been funded with support from the European Commission. This publication reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein.”

Parallel Currencies are no Alternative for the Euro

21. October 2013, von Adriaan Schout, Comments (0)

Many are upset about the ‘TINA-type solutions’ for the euro crisis. ‘There-is-no-alternative’ (TINA) seems to have been an irrevocable characteristic of the euro right from the start. A sense of ‘having been forced onto the people’ was kindled by the fact that in most countries the single currency was adopted without referenda. Subsequently, many of the measures including EFSF, ESM, disputable bail-outs of governments and banks by the ECB, sharpening up of the stability and growth pact and the 2pack (which forces Member States to hand in national budgets before being adopted in parliament) have all contributed to the image of the euro as extremely risky and as an undemocratic intrusion on national competences. On top of this, many countries struggle with the constraints of the dubious 3% rule. If economic governance is to work, Barroso in his blueprint has given a clear insight into what it involves, including an EU finance minister and EU bonds.

There is a sizeable group in the eurozone that does not want these TINA-type steps towards a federalised and centralised EU. Many would like to leave the EU straight away. Others, such as German Professor Kerber and adepts of The Matheo Solution, suggest to introduce types of parallel currencies or currency units (calculation currencies such as the ECU). According to Kerber, if southern states do not want to leave the euro zone, then the countries with a current account surplus should introduce their own currency. He suggests that since the relevant northern countries are only Germany, the Netherlands, Austria, Finland and possibly Luxembourg, the new currency might as well be the DM under the watchful eye of the Deutsche Bundesbank.

Hopes of a parallel currency immediately lead to serious questions (even if we ignore the political complications and impossibilities). Firstly, there are legal questions about breaking away from the eurozone. Will the Commission use all legal means to ensure the integrity of the eurozone? Secondly, one should not think lightly of the consequences for the competitiveness of the new DM block when the DM revaluates. Thirdly, a break-up would complicate the necessary steps towards the banking union even more and thwart the internal market at least in financial services. With bouts of devaluations, any banking resolution mechanism would be frail. However, most worryingly of all would be the fall back towards the ERM (European Exchange Rate Mechanism) days when especially southern countries had to devalue repeatedly. This had profound economic consequences including financial losses while structural changes continued to be stalled and spells of high unemployment because countries mostly postponed devaluations to ensure prestige. (B. Connolly (1994), The Rotten Heart of Europe, Faber and Faber.)

The changes for successful reforms in countries outside the euro framework are (decidedly) lower than within the eurozone. The best options for structural changes in expenditures, labour market reforms, tax reforms, deregulation, anti-corruption policies, rule of law measures, banking supervision, etc. are within the euro system. This will, in the long run also benefit the eurozone and EU more broadly.

Evidently, the costs of dealing with the current bubbles in the eurozone are huge. However, these costs in terms of ban risks and government deficits have already been committed and have been shifted to, among others, the balance of the ECB. They will not go away with a break-up of the euro. Inside or outside the euro, adaptations will remain expensive.

Of course, we can throw away all hope for reform in countries such as France, Italy and Greece. If we are so negative, we would better dismantle the euro as soon as possible. However, it would be in all our interests to ensure reforms. Changes seem to be taking place in and, in any case, prospects for reform are best within the eurozone (ask the Dutch).

Parallel currencies show at least that alternatives for the euro do exist but it seems wise to keep such disruptive alternatives at bay for the time being. Thoughts about parallel currencies are signs of serious euro frustration but not of ‘cold thinking’.

Europe For Citizens

“This project has been funded with support from the European Commission. This publication reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein.”

German Federal Constitutional Court Chews on Role of European Central Bank

18. June 2013, von Almut Möller, Comments (0)

Verdicts from Karlsruhe usually serve as pacifiers for the German public and, more recently, for the eurozone as a whole. Remember the ruling on the ESM and the Fiscal Compact, which the German Federal Constitutional Court concluded was reconcilable with the country’s basic law, or Grundgesetz, in September 2012. What a relief this announcement was for the eurozone’s capitals in their step-by-step struggle for the rescue of the common currency. Germans tend to have a great deal of respect for their constitutional court, and fellow Europeans over the past years learned that every year or so they would have to set eyes onto this city in the southwest of Germany: What does Karlsruhe say?

However, on the euro, things remain far from being put to rest. The overall question that continues to loom is to what extend the more recent rescue measures are covered under the Grundgesetz, or whether they lead to a further Europeanization that the German constitution does not allow for in its current shape. The eurozone continues to be a moving target and at the time of the ESM verdict in the fall of 2012 the judges already knew they would have to chew on another measure of the euro rescue: the ECB’s Outright Monetary Transactions (OMT) programme announced as the court was still dealing with the ESM and the Fiscal Compact. With the programme the ECB said it was ready to buy government bonds of eurozone countries affected by the crisis in order to stabilize their interest levels.

Critics say that this programme violated EU treaties, in particular article 123 of the Treaty of the Functioning of the EU. It is however widely assumed that without this bold move of the ECB the eurozone would not have made it into 2013. What is being questioned though by several groups, among them the NGO “Mehr Demokratie” supported by various organisations and 37.000 German citizens is the legality of the rescue measure. Did the ECB go well beyond its mandate and did it thereby violate the budgetary rights of the German parliament and of German taxpayers? Clearly, these are fair and reasonable questions to ask.

With an impressive line-up including Minister of Finance Wolfgang Schäuble, powerfully eloquent political figures such as Gregor Gysi, the head of DIE LINKE in the Bundestag, and the euro-critic MP Peter Gauweiler, the president of the Bundesbank Jens Weidmann and ECB executive board member Jörg Asmussen, the stage was set for drama in Karlsruhe. The media particularly loved what was framed as two gladiators, reportedly friends from university days in Bonn, confronting each other in the courtroom: Jens Weidmann, well-known for its critical stance on the ECB’s bond buying programme, was the only member of the Governing Council that voted against the programme in the fall of 2012. Jörg Asmussen then has been an articulate and public advocate of the ECB’s programme, making the point that while indeed the mission of the central bank was to work for price stability in the eurozone, there was no point in sticking to a narrow interpretation of the mandate when the eurozone was facing a breakup. There are a number of very complex issues that the court will have to look at in the months to come, and many of them are without precedent. But not surprisingly, German gladiators deliberate even the hottest issues in the calmest way – no big surprises in the courtroom last week.

Politically speaking the issues on the table are certainly powerful, and potentially challenging what has perhaps been the most effective intervention in the euro rescue so far. The weird thing is that while the current German government and all that work for a further recovery of the eurozone certainly long for yet another pacifier made by Karlsruhe, the court might have to disappoint when it announces its conclusions in the fall: de facto, Karlsruhe for now is dealing with a non-issue. So far, the ECB only announced the OMT programme without implementing it in detail, a move that proved enough to prevent the breakup of the eurozone. Can a mere announcement form the basis of a court case? The president of the Federal Constitutional Court Andreas Voßkuhle during last week’s hearings made the point that the court’s power was limited. The ECB was an independent European institution, indicating that it was beyond Karlsruhe’s competence to rule over the ECB’s action. Commentators say there is a chance for the case to be conveyed to the European Court of Justice in the end – which perhaps would bring a different dynamic to the outcome.

What has already been a feature of last year’s deliberations on the ESM and the Fiscal Compact was visible again last week: The highest German judges would perhaps like to stay away from the politics of the euro rescue, but because of the nature of the complaints clearly struggle to do so. Ironically, the ECB would (or should) also be more in its comfort zone in a less politicised role.

The real baffling issue around last week’s shoulder rubbing between Karlsruhe and Frankfurt is therefore the weakness (some would even argue the absence) of politics. Without any doubt, the OMT will not solve the problems of the eurozone in the end. For the eurozone’s governments still to make their case! I am not sure the June summit will bring some of the much-needed decisions and will get back to this.

Blog Authors

Adriaan SchoutAdriaan Schout

Dr Adriaan Schout is Deputy Director Research/Europe at Clingendael, Netherlands Institute of International relations. (read more...)

Alexandre AbreuAlexandre Abreu

Dr Alexandre Abreu is a 33-year-old Portuguese economist with a PhD from the University of London. Currently he is a lecturer in Development Economics at the Institute of Economics and Business Administration, Technical University of Lisbon, and a Researcher at the Centre for African and Development Studies of the same University.

Almut MöllerAlmut Möller

Almut Möller is a political analyst in European integration and European foreign policy. She is currently the head of the Alfred von Oppenheim Centre for European Policy Studies at the German Council on Foreign Relations (DGAP) in Berlin. (read more...)

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